There are few professions more noble than nursing. Being a nurse is a difficult job that requires years of schooling and long hours on the job.
When you show up for each shift you have an expectation that your employer will provide a safe and comfortable work environment, as well as fair and timely payment for the work you do.
If you have not been paid for your work as a nurse, you need to act quickly to ensure that the situation is corrected as soon as possible. In some cases it could be a simple mistake, but it could also be something intentional, like wage theft.
Wage theft is a problem around the country at giant corporations and small businesses.
Wage theft includes any instance of not being paid according to minimum wage guidelines, not being paid for overtime, not receiving a final paycheck upon leaving a job, not being paid for the total number of hours worked or not receiving payment at all.
Workers are protected from age theft by local, state and federal laws. The Department of Labor’s Wage and Hour Division (WHD) is the agency responsible for governing over wage theft matters and their role is to ensure that workers are paid fairly for the work performed.
If you are a nurse and you have not been paid, then you could be dealing with a wage theft situation and you need to take action.
Payday Requirements for Nurse
In most cases, nurses are usually paid bi-weekly or monthly. There are four general payday schedule types that employers choose from: Weekly, bi-weekly, semi-monthly and monthly.
Each state has its own payday schedule requirements, and employers choose which model works best for them.
For example, California requires at least a weekly, bi-weekly or semi-monthly pay schedule, whereas Iowa allows employers to choose from all four. Many states only require one type of pay schedule.
If a state requires a minimum of a monthly payday, your employer can choose to pay you more frequently if that model works better.
However, the employer’s payday schedule cannot exceed minimum requirements, so if a state requires a monthly payday your employer cannot enact a monthly schedule.
If your employer is not following state payday requirements, then this could also be a wage theft violation.
What To Do If You Have Not Been Paid As A Nurse
When payday arrives, if you find that you have not been paid, you need to find out why. You might utilize direct deposit or you could receive a paper check, and if you do not receive that check on payday then you should speak with your supervisor, your boss or your company’s payroll or human resources department to find out why.
In many cases, you might not have been paid because of an error. There could be a mistake on your direct deposit form, or your timecard might not have been approved on time.
In any event, your employer should be able to immediately correct the problem and pay you right away.
If, however, you talk with your employer and nothing is done, then you need to take action because not being paid could constitute a wage theft violation.
You have two options in this situation: You can file a wage theft claim with the WHD, or you can file a private lawsuit.
When you file a claim with the WHD, you have the option of filing that claim online, by phone or in person at any local branch office.
If you choose to file a private lawsuit, you should consider speaking with an employment attorney for a case evaluation to determine the appropriate course of action.
Get A Free Case Evaluation
Filing a lawsuit against your employer is intimidating and stressful. During your initial case evaluation an employment attorney will be able to discuss what kind of settlement you could receive.
Having someone with experience on your side can be incredibly helpful to ensure that you receive the largest possible settlement. You could be entitled to lost wages, legal fees and even compensation for emotional distress as a result of the situation.
There is no guarantee that working with an employment attorney will guarantee that you will win your case, but having an experienced advocate will greatly improve your chances for a favorable outcome.
Many employment attorneys will work on a contingency basis, meaning that they will not require payment up front.
You will only pay the legal fees if you win your case, and in some situations you might be awarded legal fees as part of your settlement.
For more information about how an employment attorney can help you with your claim, complete the free case evaluation.
